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Mst. Ayesha Sultana @ Minu Vs. Md. Shahjahan Ali, 1986, 15 CLC (HCD)

....e gave a mistaken finding that there was no existence of Arbitration Council and that there was no question of tak­ing permission from such Arbitration Council. 7. Mr. Awlad Ali, the learned Advocate for the appellant referred to the said Gazette Notification with reference to the provision......sent: Latifur Rahman J Amin-Ur-Rahman Khan J Mst. Ayesha Sultana @ Minu………………………………...Appellant Vs. Md. Shahjahan Ali………………………&h......ce to pay a fine of Tk. 1000/- in default to suffer simple imprisonment for three months. Latifur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 140. ......ce to pay a fine of Tk. 1000/- in default to suffer simple imprisonment for three months. Latifur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 140. ..

Category: Family Law | Date: 17 Mar, 1986 | Hits: 1

Abdul Awal Vs. Abdul Mannan & another, 1986, 15 CLC (AD)

....tion is dismissed………..(5) Cases Referred To- Shahed Ali Vs. State, (1961) 13 DLR 414; Falak Sher v. State, (1967) 19 DLR 426 (SC). Lawyers Involved: T. H. Khan, Senior Advocate, instructed by N. H. Khondkar, Advocate-on- Record—For the Petitioner. Aminul Huq, A......he Accused and trial of two cases in the same Court according to the procedure of trial of Cross Cases is proper. The Petition is dismissed………..(5) Cases Referred To- Shahed Ali Vs. State, (1961) 13 DLR 414; Falak Sher v. State, (1967) 19 DLR 426 (SC). Lawyers Involved: ......ses in the same court according to the proceeding governing trials of cross-cases. The petition is dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 254.  ......ses in the same court according to the proceeding governing trials of cross-cases. The petition is dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 254.  ..

Category: Criminal Law | Date: 16 Mar, 1986 | Hits: 77

Abul Hashem (Bulbul) Vs. Mobarak Uddin Mahmud, 1986, 15 CLC (HCD)

....ur the votes were cast. The appellate Court below upheld the election of the opposite party No.1 as the Chairman of the concerned Union Pari­shad. 6. In this Rule Mr. M.A. Karim, the learned Advocate for the petitioner has put forward two points, namely, that the Court below committed an er......me Court High Court Division (Comilla Bench) (Civil Revisional Jurisdiction) Present: Mustafa Kamal J Abul Hashem (Bulbul)..............................Petitioner Vs. Mobarak Uddin Mahmud .........................Opposite parties Judgment February ......below are affirmed. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 145.                   ......below are affirmed. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 145.                   ..

Category: Election Law, Evidence Law | Date: 12 Feb, 1986 | Hits: 4

Alhaj Mamtaj Meah Vs. The State, 1986, 15 CLC (HCD)

....spect to an order made by the Sessions Judge under section 439A Cr.P.C. this second revisional application under the garb of section 561A Cr.P.C. cannot be entertained. Mr. M Fazlul Karim the learned Advocate for the accused petitioner submits that in the case of Nader Ali Sheikh Vs. The State, 1984......ction) Present: Fazle Hussain Moham­mad Habibur Rahman J Md. Abdul Jalil J Alhaj Mamtaj Meah…………….……...........Petitioner Vs. The State.........................................Opposite party Judgment January......of the case in accordance with law as expeditiously as possible. Md. Abdul Jalil, J.—I agree Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 152.     ......of the case in accordance with law as expeditiously as possible. Md. Abdul Jalil, J.—I agree Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 152.     ..

Category: Criminal Law, Procedural Law | Date: 30 Jan, 1986 | Hits: 1

Latfur Rahman and others Vs. Golam Ahmad Shah and others, 1986, 15 CLC (AD)

....)1405; Jogesh Chandra Das Vs. Farida Ha­san B.C.R 1984 AD 137=1983 BLD (AD) 225; Ranganayakamma Vs. Govinda Narayan AIR 1982 Kant) 264; 38 Cal. P. C. 105. Lawyers Involved: B.N. Chowdhury, Advocate instructed by Kazi Ebadul Hoque, Advocate-on-Record—For the Appellants. Yar Ahmed, A...... Division (Civil) Present: FKMA Munim CJ Badrul Haider Chow­dhury J Shahabuddin Ahmed J ATM Afzal J Latfur Rahman and others.…………………Appellants Vs. Golam Ahmad Shah and others………….Respondent Judgment January 27, 1986. ......aid by way of advance within 3 months. In default, the contract stands and the decree will be enforced. No order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 242. ......aid by way of advance within 3 months. In default, the contract stands and the decree will be enforced. No order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 242. ..

Category: Contract Law | Date: 27 Jan, 1986 | Hits: 212

Sakya Pada Barua & others Vs. The State and others, 1986, 15 CLC (HCD)

....nal Case No.52 of 1978. Thereafter the accused petitioners surrendered and were released on bail. (Portions not necessary for reporting omitted). 5. Mr. Khondker Mahbub Hossain, the learned Advocate for the accused petitioners submits that according to the prosecution Putul @ Tarit Kumar B...... (Criminal Revisional Jurisdiction) Present: Fazle Hussain Moham­mad Habibur Rahman J Md. Abdul Jalil J Sakya Pada Barua & others.........................Petitioner Vs. The State and others .................................Opposite Party Judgment Jan......urul Mostafa and Nurul Amin are discharged from their bail bonds. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 86.     ....... Mriganka Ranjan Barua as informant lodged F.I.R. at P.S. Mirsarai on 16.11.76 to the effect that he made G.D. Entry No.138 dated 5-11-76 regarding kidnapping or killing of his brother Putul @ Tarit Kumar Barua. On enquiry the informant Dr. Mriganka Ranjan Barua has further found that accused Sakya..

Category: Criminal Law | Date: 12 Jan, 1986 | Hits: 1

Muktad Hossain Majumder Vs. Abul Bashar Majumder & others, 1986, 15 CLC (HCD)

....o­site party under Order 41, rule 19 C.P.C. and fixed a date forbearing of the election appeal. Thereafter the petitioner obtained the pre­sent Rule. 4. Mr. Md. Amir Hossain, the learned Advocate for the petitioner submits only one point, namely, that the learned District Judge as the a......preme Court High Court Division (Comilla Bench) (Civil Appellate Jurisdiction) Present: Mustafa Kamal J Muktad Hossain Majumder..........................Petitioner Vs. Abul Bashar Majumder & others...................Opposite-Parties Judgment Jan......he result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 41.           ......he result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 41.           ..

Category: Administrative Law, Election Law | Date: 7 Jan, 1986 | Hits: 2

Sultana Ara Begum Vs. Secretary, Ministry of Home Affairs & others, 1985, 14 CLC (HCD)

....e detenu are sufficient to cause subjective satisfaction in the mind of the detaining authority about the necessity of keeping the detenu under preventive detention. 9. Mr. S.C. Das, the learned Advocate for the petitioner submits that non-communica­tion of grounds of detention to the deten......riminal Miscellaneous Jurisdiction) Present: Fazle Hussain Moham­mad Habibur Rahman J Md. Abdul Jalil J Sultana Ara Begum ......................................Petitioner Vs. Secretary, Ministry of Home Affairs & others..........Respondent Judgment Dec......t, the Rule is made absolute. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 93.           ......t, the Rule is made absolute. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 93.           ..

Category: Criminal Law | Date: 11 Dec, 1985 | Hits: 2

Md. Musa & others Vs. Tazul Islam & others, 1985, 14 CLC (HCD)

....ordinate Judge rejected the said application by an order dated 21.8.85. 5. Being aggrieved by the said order the plaintiffs preferred the present appeal. 6. Mr. M. Fazlul Karim, the learned Advocate appearing for the appellants, submits that the learned Subordinate Judge did not consider t......ssain Moham­med Habibur Rahman J Md. Abdul Jalil J Md. Musa & others…………………………..................Appellant Vs. Tazul Islam & others……………………&he...... The appeal is summarily dismissed without any order as to costs. Fazle Hussain Mohammed Habibur Rahman J.—I agree Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 134. ...... The appeal is summarily dismissed without any order as to costs. Fazle Hussain Mohammed Habibur Rahman J.—I agree Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 134. ..

Category: Civil Law, Procedural Law | Date: 8 Dec, 1985 | Hits: 180

Noor Mohammad Vs. The State, 1985, 14 CLC (HCD)

....Penal Code and sen­tenced him as aforesaid only under section 304 Part 1 of the Penal Code and thereafter this accused appellant has preferred this appeal. 7. Mr. M. Fazlul Karim the learned Advocate for the accused appellant has taken us through the evidence on record and the judgment deli...... Bench) (Criminal Appellate Jurisdiction) Present: Fazle Hussain Moham­mad Habibur Rahman J Md. Abdul Jalil J Noor Mohammad..............................Appellant Vs. The State........................................Respondent Judgment November 29......ion. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 111.               ......ion. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 111.               ..

Category: Criminal Law, Evidence Law | Date: 29 Nov, 1985 | Hits: 5

Md. Yeakub Kazi Vs. Kaloo KhandaKer, 1985, 14 CLC (HCD)

....importance. The question is whether a, Magistrate upon finding an accused guilty a under section 420 Penal Code can pass a sen­tence of fine only as has been done in the present case. The learned Advocate for the y petitioner has submitted that the Magistrate has no option but to pass a substant...... J Latifur Rahman J Md. Yeakub Kazi…………………………………………….Petitioner Vs. Kaloo KhandaKer………………………&hel......e informant Md. Yeakub Kazi out of the amount of fine, if realised. Latifur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 8.     ......e informant Md. Yeakub Kazi out of the amount of fine, if realised. Latifur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 8.     ..

Category: Criminal Law | Date: 27 Nov, 1985 | Hits: 3

Md. Yeakub Kazi Vs. Kaloo KhandaKer, 1985, 14 CLC (HCD)

....and importance. The question is whether a Magistrate upon finding an accused guilty a under section 420 Penal Code can pass a sen­tence of fine only as has been done in the present case. The learned Advocate for the petitioner has submitted that the Magistrate has no option but to pass a substantiv......Court High Court Division (Dhaka Bench) (Criminal Revisional Jurisdiction) Present: ATM Afzal J Latifur Rahman J Md. Yeakub Kazi……………………………Petitioner Vs. Kaloo KhandaKer……………………………Respondent Judgment November 27, 1985. ...... thirty five thousand) be paid to the informant Md. Yeakub Kazi out of the amount of fine, if realised. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 8. ...... thirty five thousand) be paid to the informant Md. Yeakub Kazi out of the amount of fine, if realised. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 8. ..

Category: Criminal Law | Date: 27 Nov, 1985 | Hits: 25

Abul Quasem (Md) Vs. Md. Lutfur Rahman, 1985, 14 CLC (AD)

....nsion in the mind of the litigant................(13 & 14) Case Referred to- Ashutosh and another Vs. RC Dey and others AIR 1953 Pat.133. Lawyers Involved: Rafiqul Huq, Senior Advocate, (Md. Aminul Huq, Advocate with him) instructed by Sharifuddin Chaklader, Advocate-on-Recor......reme Court Appellate Division (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Abul Quasem (Md) ......................Petitioner. Vs. Md. Lutfur Rahman ....................Respondent. Judgment November 11, 1985. ......e rise to any apprehension in the mind of the litigant. In the result, therefore, this petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 17; 10 BLD (AD) 3. ......e rise to any apprehension in the mind of the litigant. In the result, therefore, this petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 17; 10 BLD (AD) 3. ..

Category: Property Law | Date: 11 Nov, 1985 | Hits: 44

Abdur Razzak & others Vs. The State, 1985, 14 CLC (HCD)

.... Being aggrieved by the said order the accused petitioners Abdur Razzak, Yakub, Moham­mad Hossain, Rashid and Qamrul Islam obtained this Rule. 4. Mr. Siddique Ahmed Chowdhury, the learned Advocate for the accused petitioners submits that since the charge-sheet against the accused petitio......Habibur Rahman J Md. Abdul Jalil J Abdur Razzak & others……………………………………Petitioners Vs. The State…………………………&h...... The order staying further proceedings of Special Tribunal Case No.17 of 1985 is vacated. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 22. ...... The order staying further proceedings of Special Tribunal Case No.17 of 1985 is vacated. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 22. ..

Category: Criminal Law | Date: 9 Sep, 1985 | Hits: 2

Abu Sayed & another Vs. The State, 1985, 14 CLC (HCD)

....and his brother (the informant) murdered Sattar and accordingly found the appellants guilty under sections 302/34 of the Penal Code and awarded the sentence. 7. Mr. Shawkat Ali Khan, the learned Advocate appearing for the appellants, sub­mitted that the learned Additional Sessions Judge ign......a Bench) (Criminal Appellate Jurisdiction) Present: A.T.M. Afzal J Amin-Ur-Rahman Khan J Abu Sayed & another…………..............Appellants Vs. The State…………………………&h......l be set at liberty forthwith if not wanted in any other case. A.T.M. Afzal J.-I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 17.       ......l be set at liberty forthwith if not wanted in any other case. A.T.M. Afzal J.-I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 17.       ..

Category: Criminal Law | Date: 13 Aug, 1985 | Hits: 1

Mahmljdul Huq Vs. Golam Mowla, 1985, 14 CLC (HCD)

....s Chettiar Vs. Sivasama Subramania Aiyar, AIR 1925 Mad 39; In re: Krishnarao Ramchandra AIR 1933 Born 409. Lawyers Involved: A.P.M. Shahid, Advocat-For the petitioner. Md. Ruhul Amin, Advocate-For the opposite parties. Criminal Revision No. 196 of 1983 Judgment Musta......Revisional Jurisdiction) Present: Mustafa Kamal J Mohammad Abdur Rouf J Mahmljdul Huq……………………................Appellant Vs. Golam Mowla………………………..............h they were quashed by the learned Sessions Judge, Noakhali. Let the L.C. records be sent back immediately. Ed. This Case is also Reported in: 6 BLD (HCD) (1986) 1     ......h they were quashed by the learned Sessions Judge, Noakhali. Let the L.C. records be sent back immediately. Ed. This Case is also Reported in: 6 BLD (HCD) (1986) 1     ..

Category: Criminal Law, Procedural Law | Date: 30 Jul, 1985 | Hits: 1

Sydul Haque Sowdagar Vs. Abul Kashem Chowdhury and others, 1985, 14 CLC (HCD)

....gment of the Village Court The appeal of the petitioner is rejected.'' Thereafter the complainant petitioner obtained this Rule on 6.11.83. 5. Mr. Mustafa Niaz Muhammed, the learned Advocate for the complainant peti­tioner submits that the impugned order da­ted 15.1.83 pass...... Md. Abdul Jalil J Sydul Haque Sowdagar……………………………………………Petitioner Vs. Abul Kashem Chowdhury and others………………Opposite-Pa......shy;dings before the Special Tribunals. In the result, the Rule is discharged. Md. Abdul Jalil J.-I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 14.   ......shy;dings before the Special Tribunals. In the result, the Rule is discharged. Md. Abdul Jalil J.-I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 14.   ..

Category: Criminal Law | Date: 23 Jul, 1985 | Hits: 1

Md. Azimuddin Pramanik & others Vs. Sree Satya Narayan Pramanik & others, 1985, 14 CLC (AD)

....;tion, to a pre-emption, by a contiguous land­holder…..(3, 4 & 5) Case Referred To- Yakub Ali Mondal V Akhter Ali Mandal 6 DLR 130. Lawyers Involved: Mohammad Ayub, Advocate-on-Record—For the Appellants. Md. Aftab Hossain, Advocate-on-Record—For th...... Appellate Division (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Md. Azimuddin Pramanik & others ................Appellants Vs. Sree Satya Narayan Pramanik & others…………Respondents Ju....... The impugned order of the High Court Divi­sion is set aside and that of the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 220. ....... The impugned order of the High Court Divi­sion is set aside and that of the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 220. ..

Category: Property Law | Date: 9 Jul, 1985 | Hits: 40

Kings Shipping Tra¬ding Co Vs. M/s. L.S. Line & others, 1985, 14 CLC (HCD)

....her any action in rem can be directed against any property of the said defendant No.1 other than that in respect of which cause of action has arisen. 7. Mr. Siddique Ahmed Chowdhury, the learned Advocate appearing on behalf of the plaintiff has made elaborate submissions to press his contention...... High Court Division (Dhaka Bench) (Admiralty Jurisdiction) Present: Sultan Hossain Khan J Kings Shipping Tra­ding Co.................................Plaintiff Vs. M/s. L.S. Line & others..........................................Defendants Judgme......t the order may be stay­ed for one month. This order is therefore, stayed for one month. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 30.       ......t the order may be stay­ed for one month. This order is therefore, stayed for one month. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 30.       ..

Category: Admiralty Law or Maritime Law | Date: 8 Jul, 1985 | Hits: 7

Ranjit Kumar Rakshit Vs. Sudhir Kumar Chowdhury, 1985, 14 CLC (HCD)

....eriously opposed and it will hinder progress of the disposal of the suit. Thereafter, the defendant obtained the Rule challenging the said order No.98 dated 26.9.83. 6. Mr. S.C. Das, the learned Advocate appearing for the petitioner submits that by order No.96 dated 11.9.83 although the Court r...... High Court Division (Chittagong Bench) (Civil Revisional Jurisdiction) Present: Syed Mohammed Ali J Ranjit Kumar Rakshit....................................Petitioner Vs. Sudhir Kumar Chowdhury...........................Opposite-Party Judgment April 10...... amendment of the plaint. Having regard to the facts and circums­tances of the case there will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 39. ......is also Reported in: 38 DLR (HCD) (1986) 39. ..

Category: Civil Law | Date: 10 Apr, 1985 | Hits: 1